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PRESS RELEASE

February 17, 2005

Days before court hearing, Boeing releases more public records

OLYMPIA—In what is becoming a familiar pattern, the Boeing Company and state officials have released additional public records related to the Boeing 7E7 contract just days before the Court of Appeals will consider charges that public records laws were violated.

Officials claim their timing has nothing to do with the pending court hearing, but that "passage of time" has made it so the information is no longer a trade secret. Boeing attorneys are, however, asking the Appeals Court not to consider the newly released information at the February 22 hearing, likely to avoid penalties for refusing to disclose the information sooner.

Still at issue at the hearing is the Evergreen Freedom Foundation's (EFF) request for 1) penalties and fees, 2) the removal of an illegal public records procedure imposed on the foundation at the request of former Attorney General (AG) Christine Gregoire's office, and 3) release of the remaining redacted information.

The Court of Appeals previously sided with the former AG's office concerning evidence presented by EFF showing that the state failed to disclose public records in its possession and provided the trial court with false information. The Court decided that the foundation must file a new lawsuit to address that evidence.

EFF is waiting for a ruling on the remaining issues before deciding whether or not to file a new lawsuit challenging the state's false testimony.

In its appeals brief, the former AG's office pointed to the Supreme Court's recent Hangartner ruling as justification for the discriminatory records procedure it requested the trial court enforce against EFF. The procedure requires EFF to hire an attorney to submit all requests for information related to Boeing's 7E7 to the AG's office for review and approval prior to the request being sent to the appropriate agency. The timetable for that agency to respond to the original records request does not begin until the AG's office sees fit to forward the request.

"The state needs to stop playing games with the people's right to know," said Jason Mercier, EFF budget analyst. "We hope the appeals court will hold the state accountable for this disclosure charade so it won't happen again."

"Taxpayer obligations are not trade secrets," said Mercier.

Additional Information
State misleads court again in 7E7 public records appeal
7E7 public records contradict state's declarations filed under penalty of perjury
Judge says state can discriminate against EFF
Example of page determined by trial court to contain trade secrets
Boeing releases “trade secrets” of state-funded training center

Contact: Booker Stallworth | Communications Director | 360.956.3482


Evergreen Freedom Foundation
P.O. Box 552, Olympia, WA 98507
Phone: (360) 956-3482, Fax: (360) 352-1874
Email: effwa@effwa.org


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1 Part Honesty; 2 Parts Arrogance

At a March 23, 2005, House Appropriations hearing on a bill to gut the voter-approved I-601 spending limit, Rep. Jim McIntire (D) asked a supporter of I-601’s two-third supermajority requirement for the legislature to raise taxes the following question:

"Can you name a time when we [legislators] have actually not just set it [supermajority requirement] aside by majority vote? I mean, this is in many respects a procedural motion that has no bearing. It’s a statutory constraint that cannot constrain any legislature that chooses as a majority to set it aside . . . have we ever used a supermajority [to raise taxes]?"

- Rep. Jim McIntire (D - 46)
(360) 786-7886

Despite the arrogance of some state officials, Washington's constitution is clear: "All political power is inherent in the people..."

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